International Law

studied byStudied by 10 people
5.0(1)
get a hint
hint

primary rules

1 / 114

Tags and Description

115 Terms

1

primary rules

dos and donts

New cards
2

secondary rules

establish a process for making primary rules

supports primary rules

rules about how to change primary rules

New cards
3

rules of recognition

identify secondary rules and develops processes for developing and reforming them

New cards
4

customary law

"general practice accepted as law"

widespread and consistent state practice

New cards
5

inductive/deductive approach to determining customary law

inductive: survey list, look at archives, specific observation to make a general conclusion deductive: preconceived ideas, general theory to specific conclusion

New cards
6

jus cogens

basic principles

general and unbroken law

peremptory norm

New cards
7

opinio juris

belief in legal obligation

New cards
8

persistent objector

objects to customary law"

I have never done that therefore I object"

New cards
9

positivism

opting in on a rule by rule basis, assessing the validity and how the law or norm came to be

New cards
10

voluntarism

states opt into international law through social context, states don't have control over rules that apply to them

New cards
11

jus gentilli

natural law

laws of morality or acts in which all society has some sort of rule regarding

New cards
12

realism

state is central actor/ groups as unit of analysis self-interested/ inherently competitive

Human nature viewed pessimistically

The system as anarchic Amoral realm

New cards
13

structural realism

international system is anarchic and that determines state behavior, states are rational

New cards
14

classical realism

struggle for power, human nature is the cause of conflict, balance of power

New cards
15

defensive realism

moderates strategy because more power through aggressive expansion creates a security dilemma, balance of power

New cards
16

offensive realism

states seek security through power maximization and security is scarcewant to be hegemon

New cards
17

liberalism

considers social interest and values of state in addition to the balance of power

The international system as anarchic

human nature tends toward cooperation

groups inherently independent

analysis of individuals and groups

New cards
18

ideational liberalism

considers intersection between social preferences varying collective good such as national unity and good governance-values and social identity determine state performance-foreign policy reflects domestic society

New cards
19

commercial liberalism

emphasis on role of globalization, trans-border economic transactions-trade allows states to enter into deeper cooperation-changes in market structure alter costs and benefits of trade-states seek to accumulate wealth and war risks that

New cards
20

republican liberalism

examines nature of domestic representation and considers which groups may use foreign policy to pursue their own domestic end-domestic institutions transform social identity and economic interest into state policy-who has power of preferences ... elities-elite preferences

New cards
21

constructivism

ideation vs. material"the meanings that we attach to objects matter more than the objects themselves"nonmaterial arguments for state power

state perception of anarchy shapes the culture of the international system

New cards
22

coordination versus cooperation

liberalism collaboration-working with someone with different interests-mutually beneficial-compromise-risky-hard so need institutions

New cards
23

vertical versus horizontal means of compliance

domestic law: vertical

international law: horizontal-equal enforcement of laws and all states are technically created equal

New cards
24

taboo

constructivist idea that some things are forbidden via social normsex. nuclear taboo

New cards
25

friendship, rivalry, enmity

cultures of anarchy f

riendship: perpetual peace

rivalry: pragmatic cooperation

enmity: competition

New cards
26

norms

beliefs about appropriate behaviorlogic of appropriateness takes into account social norms

New cards
27

logic of consequences versus logic of appropriateness

consequences: logic in which states evaluate the costs and benefits of a particular plan (all ideologies)

appropriateness: logic that takes into account social norms (constructivists)

New cards
28

sources of international law

-judicial scholarship (opinio juris)

-treaties/ international conventions

-customary law

- basic principles (jus cogens)

New cards
29

ergo omnes

an act, decision, or judgement that impacts all parties, not just those directly concerned

New cards
30

tout court

law is only binding on signatories

New cards
31

types of treaties

oral or written

bilateral versus multilateral

contract versus law

self executing (automatically becomes binding under terms of treaty itself) versus declaration of intent (after a certain number of states ratify)

New cards
32

treaty formation process

  1. negotiations-those with credentials from state have full power to negotiate with other parties-no coercion

    1. signature-agreeing to wording

    1. ratification-express willingness to be legally bound by treaty

    1. reservations-express reservations that exclude or modify the legal effect of their regulations-must be made when state consents to be bound-not bound by items they see as objectionable-must be accepted by other states party to treaty-occasionally not permitted

    1. entry into force-self executing or self determined

    1. registration-copies sent to UN secretariat-prevents secret treaties

New cards
33

Vienna convention on law of treaties

every treaty in force is binding and must be performed by the parties in good faithinternal law provisions are not justification to fail to execute a treaty

New cards
34

rebus sic stantibus

legal doctrine allowing for a contract or treaty to become inapplicable because of a fundamental change in circumstance

New cards
35

pacta sunt servanda

do not break treaties

treaties have to be upheld unless very specific conditions

New cards
36

material breach

one party entitled by another to suspend/terminate

cannot be multilateral treaty"a violation of a treaty provision essential to accomplishment of the object and purpose of the treaty"

New cards
37

impossibility of performance

if an object indispensable for execution disappears or is destroyed

New cards
38

self executing treaty

automatically becomes binding under terms laid out in treaty itself

New cards
39

sole executive agreements

an agreement between the heads of government of two or more nations that has not been ratified by the legislature as treaties are ratifiedconsidered politically binding to distinguish them from treaties that are legally binding

New cards
40

US constitution and treaties

most treaties are executive agreements

congressional executive agreements must have approval by both houses of congress

sole executive: president exerting power alone

constitution overrules international rule

New cards
41

US domestic hierarchy of laws

1.US constitution

2. International agreements and treaties are equal with federal statutes

conducts: last in time prevails

New cards
42

monist vs. dualist

monist: international and domestic law intersect

dualist: international and domestic law is different so treaties don't have constitutional power unless they get domestic legislation

New cards
43

constituent treaties

multilateral agreement that sets up an international organization

New cards
44

memorandum of understanding (MOU)

a document that describes the broad outlines of an agreement that two or more parties have reachedcommunicate mutually accepted expectations of all the parties involved in a negotiationnot legally binding

New cards
45

Montevideo convention (state)

a state must possess a permanent population, a defined territory, a government, the capacity to conduct international relations

New cards
46

de facto recognition

actual and effectual recognition of a government without formal recognition by law; recognizing a government has control of an area, weaker than De Jure.

New cards
47

de jure recognition

gives government formal, legal recognition, UN membership

New cards
48

constitutive versus declaratory view of recognition

constitute: recognition of an entity as a state is not automatic-only a state when it is recognized as such and other states have considerable discretion to recognize or not

declaratory: a state exists without total recognition which is merely an acknowledgment of an existing situation

New cards
49

secession

separates itself

New cards
50

succession

remakes itself

New cards
51

uti posidetis juris

newly formed sovereign states should retain the internal borders that their preceding dependent area had before their independence

New cards
52

self determination

the right of the people to choose their own form of government and legal destiny

New cards
53

terra nullis

land doesn't belong to anyone

New cards
54

sovereignty

responsibility: take care of peopletraditional sovereignty: within borders

New cards
55

occupation

exclusive occupation for an extended period

historical results in sovereignty claims right to occupy and administer based

New cards
56

conquest

not legal under UN charter

New cards
57

cession

deeding via international agreement of territory from one state to another

New cards
58

prescription

is sovereignty transfer of a territory by the open encroachment by the new sovereign upon the territory for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign.

New cards
59

accretion

Terriotrial increases by natural processes, like a new formation of land within territorial watersex. shifting river bed of rio grande

New cards
60

belligerent versus humanitarian occupation

belligerent: no right to sovereignty

-occupiers can only use resources of territory that are necessary to administer state and meet needs of population

-maintain order and security

humanitarian: international organization or state

-no right or claim to sovereignty

-in times of crisis

New cards
61

UNCLOS

United Nations Convention on the law of the sea

New cards
62

territorial/contiguous zones/exclusive economic zones/high sea zones

-12mn from baseline is under absolute sovereignty

-24nm from baseline is limited jurisdiction/contiguous

-200nm from baseline is limited jurisdiction/exclusive economic zones

New cards
63

res communis

high seasterritory that no one owns, not legal to assert any authority or jurisdiction over

New cards
64

innocent passage

"as it is not prejudicial to peace, good order, or security of coastal state"

New cards
65

baseline

the line from which the extent of the territorial sea is measured

New cards
66

mare clausum

the closed sea, under sovereignty of a power, restricted in terms of use by other states

New cards
67

mare liberum

seas open to all nations

New cards
68

cannon shot rule

the extent to which a nation could control its coastal waters was largely based on the reach of cannons off of shore

New cards
69

transit passage

allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone to another

New cards
70

military objective

an object which by its nature, location, purpose, or use makes an effective contribution to the military action or whose partial or total destruction, capture, or neutralization offers, in the circumstances ruling at the same time, a definite military advantage

New cards
71

combatant versus noncombatant

combatant: members of armed forces

-hierarchical command structure

-distinctive sign

-carries arms openly

-conducts operations in accordance with customs and laws of war

noncombatant:-medical personnel

-chaplains

-wounded

-shipwrecked

-civilians

New cards
72

discrimination

-legitimate targets in war

-civilians not appropriate targets of war

-must distinguish between civilian and non-civilians in targeting

New cards
73

proportionality

idea of countermeasures limits:

1. proportional to harm suffered

2. do not violate laws of war in countermeasure

-respond in a similar manner

-responsibility to protect

-international humanitarian law

New cards
74

ad bellum

"before war" when and why force may be used

New cards
75

in bello

"during war" how force may be used, what sorts of persons and structures can be targeted

New cards
76

unlawful combatants

illegal combatants: militia, lack of central command, legal/moral equality of combatants

-cannot be imprisoned just for fighting

New cards
77

additional protocol 1

1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts, extending to "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts

New cards
78

geneva conventions

from core of international humanitarian law, regulates the conduct of armed conflict and seeks to limit its effects

New cards
79

hague conventions

one of first international conferences on peace

-banned asphyxiating gases and projectiles

-prohibited attack or bombardment of towns, villages, etc. which are not defended

-pillaging prohibited

-occupying power should not use economic means to devastate regions unless necessary

New cards
80

UN Charter on the use of force

all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any stateforce is still a legal response to aggressionthe security council should determine if and how force is used to control a states' act of aggressiondoes not define force or aggression

New cards
81

genocide

the deliberate killing of a large number of people from a particular nation or ethnic group with the aim of destroying that nation or group

New cards
82

aggression

the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state

New cards
83

countermeasures

measures taken by a state in response to the internationally wrongful act of another State and aimed at inducing the latter state to comply with its legal obligations

New cards
84

preemption

Is legal, defined by the caroline standard. legal defense-overwhelming threat-imminent-leaving no choice but to act now to preserve oneself-requires significant intelligence

New cards
85

prevention

ilegal the US invading Iraq.

New cards
86

Caroline standard

boundaries of legitimate self defense preemptive or preventive attack

-overwhelming threat

-imminent

-leaving no choice but to act now to preserve oneself

-requires significant intelligence

New cards
87

international governmental organizations

involves two or more sovereign states established by a treaty is permanent possesses autonomous decision making capability

New cards
88

nongovernmental organization

private, voluntary organizations made up of individuals or associationsmay be funded privately or partial government support but cannot be entirely government support

New cards
89

immunity

extended to diplomatic officials and actors working on behalf of their state, but the level of protection is staggered

New cards
90

do no harm

states have the responsibility to prevent harm caused as a result of an active disposition on/over their territory

New cards
91

due dilligence

by which such breaches are evaluated, must take all measures to prevent harm

New cards
92

polluter pays

polluter should in principle bear the costs of pollution with due regard to public interest and without distorting trade and investments

New cards
93

transboundary harm

harm caused in the territory of or in other places under the jurisdiction or control of a state other than the state of origin, whether or no the states concerned share a common border

New cards
94

Trail Smelter case

trail smelter tribunal with Canada and US

-under the principles of international law, no state has the right to use territory to allow injury to a neighboring territory property or persons therein

New cards
95

stockholm/rio framework

prevention of environmental harm precautionary approach polluter pays

sustainable development

New cards
96

Paris agreement

legally binding international treaty on climate change adopted by 196 parties at COP21 in Paris in 2015 and entered into force in 2016

goal is to limit global warming to well below 2 degrees celsius compared to preindustrial levels

New cards
97

tragedy of commons

situation in which people acting individually and in their own interest use up commonly available but limited resources, creating disaster for the entire community if everyone acts, everyone benefits, even those who didn't take action would benefit if they did enough to restrict

New cards
98

Kyoto Protocol

operationalizes the United Nations framework convention on climate change by committing industrialized countries and economies in transition to limit and reduce greenhouse gasses/emissions in accordance with agreed individual targets. US signed but did not ratify

New cards
99

CITIES treaty

an international agreement designed to ensure that international trade in animals and plants does not threaten their survival in the wild

New cards
100

humanitarian intervention

use of force by one state or group of states against another to protect civilians facing violence of egregious human rights violations

-without consent of the state

-builds into R2P emerging norm in international community

-prevent, protect, rebuild

New cards

Explore top notes

note Note
studied byStudied by 19 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 37 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 2 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 2 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 9 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 7 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 1816 people
Updated ... ago
4.7 Stars(11)
note Note
studied byStudied by 4127 people
Updated ... ago
4.5 Stars(13)

Explore top flashcards

flashcards Flashcard21 terms
studied byStudied by 101 people
Updated ... ago
5.0 Stars(2)
flashcards Flashcard72 terms
studied byStudied by 25 people
Updated ... ago
5.0 Stars(3)
flashcards Flashcard26 terms
studied byStudied by 1 person
Updated ... ago
5.0 Stars(1)
flashcards Flashcard25 terms
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard20 terms
studied byStudied by 7 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard106 terms
studied byStudied by 2 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard70 terms
studied byStudied by 45 people
Updated ... ago
5.0 Stars(3)
flashcards Flashcard45 terms
studied byStudied by 9 people
Updated ... ago
5.0 Stars(1)